Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. The Borrower will not permit Consolidated Capital Expenditures to be made or incurred in excess of $15,000,000 for Borrower’s 2011 fiscal year or in any one fiscal year thereafter.

Maximum Capital Expenditures. The Borrower will and its Subsidiaries on a consolidated basis shall not permit Consolidated make Capital Expenditures (i) in the Fiscal Year commencing January 1, 2007 that exceed in the aggregate $16,000,000 and (ii) in any other Fiscal Year (commencing with the fiscal year beginning on January 1, 2008) that exceed in the aggregate $12,500,000 for such Fiscal Year; provided that any Longwall Expansion Expenditures shall not be deemed to be made or incurred in excess Capital Expenditures for purposes of $15,000,000 for Borrower’s 2011 fiscal year or in any one fiscal year thereafterthis definition.

Maximum Capital Expenditures. The Borrower will not permit Consolidated Capital Expenditures to be made or incurred in excess by the Borrower and its Subsidiaries on a consolidated basis, shall not exceed $700,000 for each of the Borrower's fiscal years ending June 30, 2000 and June 30, 200j, respectively. Thereafter, Capital Expenditures shall not exceed $15,000,000 725,000 for Borrower’s 2011 any fiscal tear of the Borrower beginning with the fiscal year or in any one fiscal year thereafterending June 30, 2002.

Maximum Capital Expenditures. The Borrower will shall not permit Consolidated Capital Expenditures (i) during any Fiscal Quarter, beginning with the Fiscal Quarter ending June 30, 2015, to be made exceed $2,000,000, or incurred in excess (ii) during any period of four consecutive Fiscal Quarters, beginning with the four Fiscal Quarter period ending March 31, 2016, to exceed $15,000,000 for Borrower’s 2011 fiscal year or in any one fiscal year thereafter4,000,000.

Maximum Capital Expenditures. The Borrower will not permit make Consolidated Capital Expenditures to be made or incurred during any fiscal year of the Borrower in excess of the greater of (a) $15,000,000 30,000,000 or (b) 5% of Consolidated Total Assets, based on the financial statements of the Borrower for Borrower’s 2011 the most recently completed fiscal year; provided that any portion of the available Capital Expenditure basket that is unused during any fiscal year or of the Borrower may be used and spent in the next succeeding fiscal year, but not in any one subsequent fiscal year thereafteryear.

Maximum Capital Expenditures. The Borrower will not permit or suffer Consolidated Capital Expenditures, as of the end of each fiscal quarter ending on or after September 30, 2005 and on or before December 31, 2006, to exceed 110% of Projected Consolidated Capital Expenditures to be made or incurred in excess for the period beginning on July 1, 2005 and ending on the last day of $15,000,000 for Borrower’s 2011 such fiscal year or in any one fiscal year thereafterquarter.

Maximum Capital Expenditures. The Borrower will and its Subsidiaries on a consolidated basis shall not permit Consolidated make Capital Expenditures to be made or incurred that exceed (i) $6,000,000 in excess of $15,000,000 for Borrower’s 2011 fiscal year or the aggregate in any one fiscal year thereafterFiscal Year ending on or prior to December 31, 2004, and (ii) $3,000,000 in the aggregate in the Fiscal Year ending December 31, 2005.”

Maximum Capital Expenditures. The Borrower will shall not permit Consolidated the aggregate amount of Capital Expenditures made by the Borrower and its Subsidiaries to be made or incurred exceed $2,500,000 during any fiscal year; provided, that up to 50% of the amount referred to above, if not so expended in excess of $15,000,000 for Borrower’s 2011 the fiscal year or for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year, and provided, further, that any one such amount carried over to the next succeeding fiscal year thereaftershall be deemed the first amount expended during such next succeeding fiscal year.

Maximum Capital Expenditures. The Borrower will shall not permit or suffer the amount of Consolidated Capital Expenditures to be made or incurred in excess of more than (a) $15,000,000 3,500,000 for Borrower’s 2011 the fiscal year ending July 31, 2000, or (b) $2,000,000 in any one fiscal year thereafter.

Maximum Capital Expenditures. The Borrower will shall not permit Consolidated have Capital Expenditures to be made or incurred in excess of (i) Two Million Five Hundred Thousand Dollars ($15,000,000 for Borrower’s 2011 2,500,000) in the aggregate during fiscal year or 2014, and (ii) One Million Dollars ($1,000,000) in any one the aggregate during fiscal year 2015 and each fiscal year thereafter.

Maximum Capital Expenditures. The Borrower Borrowers and their Subsidiaries will not permit Consolidated Capital Expenditures to be made or incurred in the aggregate for the Borrowers and their Subsidiaries in excess of (a) $15,000,000 6,400,000 for Borrower’s 2011 the fiscal year or ending December 31, 2013; and (b) $3,900,000 in any one the fiscal year thereafterending December 31, 2014.

Maximum Capital Expenditures. The Borrower will shall not permit Consolidated make or incur Capital Expenditures to be made or incurred in any fiscal year in excess of $15,000,000 for Borrower’s 2011 fiscal year or 200,000.00 in any one fiscal year thereafterthe aggregate.

Maximum Capital Expenditures. The Borrower will and its Subsidiaries on a consolidated basis shall not permit Consolidated make Capital Expenditures to be made or incurred that exceed (i) $6,000,000 in excess of $15,000,000 for Borrower’s 2011 fiscal year or the aggregate in any one fiscal year thereafterFiscal Year ending on or prior to December 31, 2004, and (ii) $3,000,000 in the aggregate in the Fiscal Year ending December 31, 2005."

Maximum Capital Expenditures. The Borrower will shall not permit Consolidated make Capital Expenditures to be made or incurred that exceed in excess of the aggregate during any Fiscal Year, $15,000,000 for Borrower’s 2011 fiscal year or in any one fiscal year thereafter1,000,000.